Procedural Forms of Protection of the Right to Entrepreneurship in Administrative Courts: Problems of a Scientific Approach

Abstract

The topicality is due to the active development of the system of administrative proceedings and at the same time the need to take into account the specifics of the mentioned cases (increased requirements for the promptness of the case review; the accuracy of the definition of individual elements of procedural forms; the need for the administrative court to apply special knowledge in the field of economics). The purpose of the article is to reveal a scientific approach to the development of procedural forms of protection of the right to entrepreneurship in administrative courts, to determine, on the basis of this, the vectors of further development of procedural forms of protection of the specified right. Achieving the outlined goal became possible thanks to the use of a complex of methods of both general scientific and specifically legal nature. Thus, with the use of the formal-dogmatic method, the content of the applied concepts and categories was clarified, including such concepts as "proceedings", "administrative proceedings", "procedural form". The dialectical method made it possible to take into account the general principles of the development of the administrative justice system. On the basis of the combination of this method and the method of synthesis, the current problems of the studied procedural forms are summarized. These and other research methods are applied taking into account the requirements of scientific objectivity. The problem of the ratio of the ratio of the specific procedures for consideration of certain categories of administrative cases and the general forms of legal proceedings is revealed from the standpoint of the dichotomy of the legal nature of the activity of the administrative court (declarative and interventional). Accordingly, the contentiousness of the issue regarding the possibility of calling such specific procedures procedural forms of review and resolution by the administrative court of the considered category of cases was determined. Based on the results of the research, conclusions were formulated and recommendations were made regarding the development of a generalized concept of "procedural form", which would combine the common features of general legal proceedings and simplified legal proceedings in this category of cases. This will make it possible to conduct a further study of the specified common features using a single legal construction.